I.

Right of revocation in consumer contracts regarding remote means of communications.

Our customers– as far as it concerns consumers – are entitled to the following rights of revocation when entering into contracts over remote means of communications (particularly telephone, Internet, e-mail, fax, or in writing). Consumers can revoke or cancel their orders with us (Sleeptracker SEC Europe, Plenergasse 13, 1180 Vienna) within two weeks of placing them.

This revocation does not require justification and must be by telephone, in writing, on a durable medium or by returning the goods to us.  The period of revocation begins on the date of receipt of the delivered goods to the consumer. In the event of revocation the consumer shall bear all cost associated in the returning of goods.
If in the case of revocation, the consumer is responsible for the deterioration, destruction, or the impossibility of return, we may assert claims for damages. This also applies if the items are not returned to us immediately, intact in their original packaging, after revocation; in cases where deterioration, brought about by uses other than those for which the goods were intended, may be proven by a simple inspection.

In addition, the following general conditions of sale apply to our customers at all times:

II.

General conditions of sale

§ 1
Applicability of conditions

1. The following conditions apply to all suppliers, proposals, goods and services. Furthermore, they shall continue to apply even in repeated specific agreements, as well as in all future business relationships between the customer and ourselves.

2. Upon receipt of performance at the latest, the customer shall make it explicitly clear that they are in agreement with our terms and conditions.

3. The validity of any discrepancies of the terms and conditions on the part of the customer are expressly denied; our performance of the contract does not include their recognition.

4. Agreements that deviate from our general conditions of sale are applicable only when confirmed by us in writing.
 

§ 2
Formation of contract
1. An order submitted by the customer is a binding offer. We are entitled to accept this offer within two weeks by sending either an order confirmation or the goods ordered.

2. We reserve the right to amend goods and services, performance, or deviations - particularly as a consequence of construction or product modifications - provided these are reasonable for the customer.

§ 3

Delivery time, transfer of risk

1. Except where longer periods of time are required to perform necessary credit checks, the normal delivery time is two weeks. Where delivery is delayed, customers are notified separately about delivery dates.

2. Compliance with our delivery obligations presupposes the punctual and proper fulfilment of customer obligations.

3. Deliveries are made at the risk of the customer to the shipping address customer provided. This applies even if the delivery takes place from a location other than our warehouse. We are not obliged to make deliveries abroad; if no domestic address is provided, the goods ordered can be prepared for pick-up.

§ 4

Conditions of payment, prices

1. Our invoices are payable within 14 days from the invoice date without deductions, unless otherwise specified on our written order confirmation.

2. The customer is entitled to set-off rights if his counter-claims are legally established, undisputed or acknowledged by us. Moreover, the authorisation for the right of retention can only be enabled if this counter-claim is based on the same contractual relationship.

3. When delivering our products, shipping costs are invoiced separately.

4. We reserve the right to increase prices accordingly, particularly if costs increase after the contract is entered into, as a result of trade agreements, increases in the cost of materials, or if there are more than four months between signing of the contract and the agreed delivery date. Price increases to customers will be accounted for should they wish it.

§ 5
Reservation of the right to rescind
1. Should suspension of payments, protests, solvency and reliability, among other things, endanger the conduct of business as usual, we reserve the right to withdraw from our obligation to perform and to rescind the contract, if the customer is not prepared to issue a request to match payment with delivery or to provide security.

2. Should either party be unable to fulfil their side of the agreement due to un-availability of goods or services, both parties shall be equally entitled to revocation. The customer shall be informed of the un-availability and refunded returns immediately.

§ 6
Guarantee

1. The enforcement of legal guarantees of our commercial and other customers presupposes that the customer has complied properly with the particular inspection duties and the obligation to report defects.

2. In the event of defects in the goods or services provided, we are entitled, but not obliged, to choose either a rectification of deficiencies or to a replacement delivery (supplementary fulfilment) to our commercial and other business customers. If we are not prepared or in the position to provide supplementary fulfilment, particularly if delayed beyond the appropriate period, for reasons for which we are responsible, or fail in any other way to correct the fault or replace the goods, the customer is entitled either to rescind the contract or to request a corresponding reduction in sale price.

3. In addition, customers are entitled to the full statutory warranty claims.

§ 7
Liability

1. We are liable only for damages that occur, irrespective of their legal cause - when the damage

a) is caused through negligent breach of contractual duty or in achieving the contractual purpose,
or
b) is attributable to gross negligence or wilful intent.

2. Pursuant to paragraph 1 a) we are liable for breaches to essential contractual obligations, without a showing of gross negligence or wilful misconduct, the liability is limited to the extent of the damage, with the emergence of a contract we had to count on because the circumstances known typically to us when entering into the contract.

§ 8
Special warranty and liability provisions

1. Particularly, in relation to the delivery of our food organizer, we are not liable for and accept no guarantee

- for customer interference in the equipment supplied;

- for errors or damage as a result of improper operation of the device supplied;

- for any possible health risks due to improper use of the equipment supplied or from a misinterpretation of the displayed values of the devices.

§ 9
Retention of proprietary rights.

1. We retain ownership of all goods purchased until payment in full, as per the contract with the customer is received.

2. In cases of seizures or other third-party interventions, the customer must contact us immediately, in writing, in order to instigate third-party proceedings. If the third party in question is not capable of reimbursement for the judicial and extra-judicial costs of a claim, the customer is liable for the resulting loss.

3. Upon entering into the contract, the commercial customer assigns all outstanding claims of the invoice amount (including VAT), which accrues from resale against his customer or third parties, regardless of whether the resale was permitted in this case.  The customer remains authorised for the collection of these receivables after the transfer has taken place. Our authority to collect the claim ourselves remains unaffected. We commit not to collect the debt as long as the customer meets the payment obligations from revenues collected, is not in default and, in particular, has not filed an application to open insolvency proceedings or have payments suspended. Should this be the case, we require that customers/clients hand over the assigned claims and debtor, provides all the necessary information and documentation and notify debtors (third parties) of the assignment.

4. We commit to release securities due to the customer at said customer’s request, should the value of the securities exceed certain claims by more than 20 percent, we are responsible for selecting the securities to be released.



§ 10
Governing law, area of jurisdiction

1. For the contractual relationship with our customers, Austrian law exclusively shall be applied.

2. Competent court is Vienna.

III.

Data protection

The data we gather, process and use for business purposes for the establishment, organisation or alteration of the contractual relationship, processing orders and settling accounts is also, where appropriate, passed onto designated or associated companies to facilitate this need. Naturally all of our customers' personal details are handled with the utmost confidentiality. For the purpose of assessing credit, in consideration of protecting your interests in compliance with the data protection regulations, we reserve the right to an information exchange with other shipping companies and credit investigation companies where appropriate.

IV.

Provider identification

Sleeptracker SEC Europe
Plenergasse 13
1180 Vienna